CM-2022-192 - 8/19/2022ELECTRONICALLY RECORDED 2022099816
Williamson County, Texas Total Pages: 9
ENCROACHMENT AGREEMENT
This Encroachment Agreement, hereinafter "Agreement," is made and entered into between
LEGACY -ROUND ROCK PARTNER II, LP, hereinafter "Owner," a Texas limited
partnership, whose current address is 209 South 19* Street, Suite 100, Omaha, Nebraska 68102,
and the CITY OF ROUND ROCK, TEXAS, hereinafter the "City," a municipal
home -rule corporation whose address is 221 E. Main Street, Round Rock, Texas 78664,
and becomes effective on the date indicated below. The City and the Owner agree as follows:
A. Owner is the owner of property specifically 7.4312 acres described as Block A, Lot 1,
of Webster-Brostad (Replat), Williamson County, Texas (the "Property").
B. City is the record holder of a Public Utility Easement recorded in Document No.
2021091505 of the Official Public Records of Williamson County, Texas (the
"Easement Area").
C. The Owner has requested that the City allow an encroachment on or over a portion of
the Easement Area as described in Exhibit "A", attached hereto and incorporated
herein by reference forall purposes, with the Encroaching Structure being in the nature
of landscaping and irrigation improvements, as set forth by sketch in the attached
Exhibit "A" (the "Encroaching Structure").
D. By execution of this Agreement, the City grants its limited consent for the Owner to
encroach on or over a portion of the Easement Area strictly subject to the following
conditions.
(1) The Encroaching Structure may be located only as depicted on the
attached Exhibit "A," and that no further encroachment or improvements
of any kind in the Easement Area shall be allowed;
(2) The existence of the Encroaching Structure shall be subject to any and
all relevant requirements of the Round Rock Code of Ordinances,
including but not limited to the Building Code;
(3) Use, maintenance, repair and removal of the Encroaching Structure shall
be solely at the risk and liability of the Owner, and not at the risk and
liability of the City in any manner whatsoever;
(4) Removal of the Encroaching Structure, or a portion thereof, shall cause
the immediate termination of this Agreement;
(5) The permission of the City in allowing the Encroaching Structure shall
be strictly limited to this particular request, and shall not be construed as
establishing any precedent whatsoever;
4869A282-4746/ss2
ENCR2103-MG4
—2pZ2--/12,
2022099816 Page 2 of 9
(6) The parties expressly agree that the City and other public utilities have
full authority in an emergency to remove the Encroaching Structure, and
such removal shall be allowed without notice to the Owner and without
any obligation whatsoever on the part of the City or other public utility
to replace or repair any part or the whole of the Encroaching Structure;
(7) In a non -emergency situation, the Owner agrees to be solely responsible
for removal of the Encroaching Structure to the City's satisfaction, and
such removal shall be completed by the Owner within thirty (30) days of
actual notice to the Owner of the City's directive to remove same. The
parties expressly agree that, in the event the Owner fails to remove the
Encroaching Structure to the City's satisfaction following notice, then
and in that event the City may cause the Encroaching Structure to be
removed at the expense of the Owner;
(8) The parties expressly agree that the City shall not be responsible for
damage caused to the Encroaching Structure by the City's use or
maintenance of the Easement Area;
(9) The Owner shall indemnify and hold the City harmless from any and all
loss, damage, penalty, liability, cost and expense, including without
limitation reasonable attorney's fees, that may be incurred by, imposed
upon, or asserted by reason of any suit, action, legal proceeding, claim,
demand, regulatory proceeding, or litigation arising from any act done or
omitted to be done by any party, excepting only any loss, damage,
penalty, liability, cost or expenses resulting from negligence or willful
misconduct of the City. Nothing herein shall be deemed to limit the
rights (including but not limited to the right to seek contribution) of the
City or the Owner against any third party who may be liable for an
indemnified claim. The parties agree that in no event shall the City be
liable to the Owner for any incidental, indirect, special, punitive,
consequential or similar damages of any hind including without
limitation loss of profits, loss of business or interruptions of business,
whether such liabilities are predicated on contract, tort, strict liability or
any other legal theory. This indemnification shall apply to the Owner,
and to each of its successors, assigns, officers, employees and officials.
The parties agree that the provisions of this section shall survive the
termination of this agreement; and
(10) Relative to any subsequent purchaser of the Property and/or the
Encroaching Structure, the Owner expressly agrees to adequately inform
any such purchaser of the existence of this Agreement and provide a copy
of same.
2
2022099816 Page 3 of 9
(l 1) The City reserves the option to rescind this Agreement at any time, with
or without cause, by giving Owner ten (10) days written notice of its
exercise of said option.
By execution below by the Owner and the respective appropriate authorities of the City
of Round Rock, Texas, the signatories bind the entities to obey all conditions of this Agreement,
OWNER
LEGACY -ROUND ROCK PARTNER II, LP
By.._._... _ �.
Bobbi Jo L- cas
Date Signed: _ g • "t`• 4A
CITY
CITY Oil' -MOUND ROCK, TEXAS
By:c.L
..aerie Hadley, ity Manag
Date Signed: 0 /1--2-2— .
[Acknowledgements on following page.]
3
2022099816 Page 4 of 9
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on this q44 day of �- , 2022,
by f .`D .. j_,0r a.T (Name), as o 4k a (Title) of
LEGACY -ROUND ROCK PARTNER 11, LP, a Texas limited partnership, whose name is
subscribed to the preceding instrument, and acknowledged to me that he executed it for the
purposes and consideration expressed in it.
Notary Public in and for the tatt of
Xme1kral Notary . Slake ra
of fletfrasNe
AUIM IL FLVtM
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON ,�J�
This instrument was acknowledged before me on this 4xday of AW4
12022,
by Laurie Hadley, Round Rock City Manager, in the capacity and for 4fie purposes and
consideration therein indicated.
mw NIQ"Aus iA1MS Notary Pu"inarfor the 9tate of Texas
My lb" ID O S28z M3
ai I:a� I Z2, 2426
4
2022099816 Page 5 of 9
EXHIBIT "A"
(Encroachment Agreement)
Brostad Subdivision
Leval Description
BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0034 fm
ACRES (150 SQUARE FEET) OUT OF THE JOHN H. RANDALL
SURVEY, ABSTRACT NO. 531 IN WILLIAMSON COUNTY, TEXAS, 4Lffar7d54Lrv&eyhoV
AND BEING OUT OF THE REMAINDER OF A 177,000 SQ. FT. LOT, Po Box 90876
BROSTAD SUBDIVISION, A SUBDIVISION RECORDED IN CABINET Austio, TX 78709
512.554.3371
G, SLIDE 246 OF THE PLAT RECORDS OF WILLIAMSON COUNTY, jward@4wardls.com
TEXAS (P.R.W.C.T.), SAID 177,000 SQ. FT. LOT CONVEYED TO +*�YY,L+z�rcllss.0
DAVID L. AND WIFE BETTY J. BROSTAD IN VOLUME 643, PAGE 234
OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS
(D.R.W.C.T.), SAID 0.0034 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2-inch iron rod with "4Ward-Boundary" cap set for the southeast corner of said
177,000 Sq. Ft. Lot, being the southwest corner of Lot 2, Tri-View Estates, a subdivision recorded in
Cabinet C, Slide 14 (P.R.W.C.T.) conveyed as a called 1.980 acre portion of said Lot 2 to Raymond T.
Alexander in Document No. 2000057019 of the Official Public Records of Williamson County, Texas
(O.P.R.W.C.T.), and being in the north right-of-way line of Doris Lane (50' right-of-way), and being the
southeast corner and POINT OF BEGINNING hereof, from which a 1/2-inch iron rod found in the north
right-of-way line of said Doris Lane, being in the south line of said Lot 2, and being the southeast corner
of said Alexander portion of Lot 2, and being the southwest comer of a called 3.02 acre portion of Lot 2
conveyed to Dana Richie, a married woman and Kathy Richie, a single woman in Document No.
2011065370 (O.P.R.W.C.T.) bears, N87°59' i 3"E, a distance of 199.74 feet;
THENCE, leaving the west line of said Lot 2, being the west line of said Alexander portion of Lot 2, with
the south line of said 177,000 Sq. Ft. Lot and the north line of said Doris Lane, S87°59'13"W, a distance
of 15.00 feet to a calculated point for the southwest corner hereof, from which an iron rod with "Baker
Aicklen" cap found for the southwest corner of said 177,000 Sq. Ft. Lot, being in the north right-of-way
line of said Doris Lane, and being the southeast corner of a called 0.067 acre tract (called Parcel 14) to the
City of Round Rock in Document No. 2005004005 (O.P.R.W.C,T.) bears, S87°59' 13"W, a distance of
440.05 feet;
THENCE, leaving the north right-of-way line of said Doris Lane, over and across said 177,000 Sq. Ft. Lot
the following two (2) courses and distances:
1) NO2°20'20"W, a distance of 10.00 feet to a calculated point for the northwest corner hereof,
2) N87�59'13"E, a distance of 15.00 feet to a calculated point for the northeast corner hereof, being
in the east line of said 177,000 Sq. Ft. Lot, and being in the west line of said Lot 2, and being in the
west line of said Alexander portion of Lot 2, from which a 112-inch iron rod found for the northwest
comer of said Lot 2, being the northwest corner of said Alexander portion of Lot 2, and being the
northeast corner of said 177,000 Sq. Ft. Lot, and being in the south line of the remainder of a called
2.89 acres tract conveyed to the Webster-Brostad Revocable Trust in Document No. 2009029921
(O.P.R.W.C.T.) bears, NO2°20'20"W, a distance of422.32 feet;
P:t010251Metes & Bounds & Ccrtifications'-.01025-EA.docx
2022099816 Page 6 of 9
BROSTAD SUBDIVISION
CABINET G, SLIDE 246
P.R.W.C.T. LOT 2
REMAINDER OF 177,000 SQ. FT. LOT TRI-VIEW ESTATES
DA VID L. AND WIFE BETTY J. BROSTAD n CABINET C , SLIDE 14
VOL. 643,234 N ns P.R.W.C.T.
D.R. W.0 T. � � � �
ll W ; W er CALLED 1.980 ACRES
ENCROACHMENT I R S is g RAYMOND T. ALEXANDER
AGREEMENT b - � � DOC. NO.2000057019
0.0034 ACRE(S) 8118 O.P.R. W.C.T.
10► P.U.L 150 SQUARE FEET —,--ry
OM No. 2az�o9lsos P.O.B.
W CRID R 10137527.76
— — _, d, GRID r: 3153560.74 [C]
44a0�� J J
lAl L1 N87'59' 13"E 199.74'
1 J <N89'40'WE 199.5V>
S87-59-13"W 455.05`
NMCN A CYON
CAP FOUND BEARS
SI4''AO w*cl O.Oe'
A�
DORIS LANE gi (50' MOM-)
0 20 40 VA
10 30
GRAPHIC SCALE: 1' - 20'
—�� LOT5A
LOT 4 REPLAT OF LOT 5
TRI-VIEW ESTATES TRI- VIEW ESTATES
CABINET C , SLIDE 14 CABINET O, SLIDE 297
P.R.W.C.T. P.R.W.C.T.
REMAINDER OF LOT 4 FRANK E. FORAN
GENE F. BLAIR & MARTHA BLAIR I DOG. NO. 2012098962
VOL. 640, PG. 32 I O.P.R. W.C.T.
D.R. W.0 T. .
04034 ACRE
ENCROACHMENT Colo.. 1/115/2021
AGREEMENT fra*t: 01025
■�
scale: I.
- ".
City of Round Rockq Reviewer: PRB
«�'�'� Tech: 1�
'Williamson County,
AR�nKa MobSkyCae�°enY F1eld Crew: .)Z/FH
Po sox 00976, Austin Texw 70709 Survey Date: MAY 2020
Texas WWWAINARDL8.001101 (512) 537-23U
EOM s e U04M7A1M ew..4. 4 nr 91
2022099816 Page 7 of 9
UNE TABLE
LINE 0
DIRECTION
LENGTH
Ls
S67'W13"W
I&OV
L2
NO2'21V2001*
10.00'
L3
N87'W'13"E
15.00'
L4
S02'20'20"E
10.00'
[A]
CALLED 0.067 ACRES
PARCEL 14
OWNER:
CITY OFROUND ROCK
DOC. NO. 2005004005
Q.P.R. W. C. T.
IQ
CALLED 3.02 ACRES
PORTION OF LOT 2
DANA RICHIE, A
MARRIED WOMAN
AND KATHY RICHIE,
A SINGLE WOMAN
DOC. NO. 2011065370
O.P.R. W.C.T.
[B]
REMAINDER OF CALLED 2.89 ACRES
WEBSTER-BROSTAD REVOCABLE TRUST
DOC. NO.2009029921
O.P.R. W.C.T.
ENCROACHMENT
AGREEMENT
City of Round Rock,
Williamson County,
LEGEND
PROPOSED EASEMENT LINE
— — —
EXISTING PROPERTY LINES
0
1/2- IRON ROD WITH -4WARD
BOUNDARY CAP SET
1/2' IRON ROD FOUND
(UNLESS NOTED)
®
IRON ROD MATH -BAKER
AICKLEN' CAP FOUND
CALCULATED POINT
P.O.B.
POINT OF BEGINNING
P.U.E.
PUBLIC UTILITY EASEMENT
VOL/PG,
VOLUME, PAGE
DOC. NO.
DOCUMENT NUMBER
R.O.W.
RIGHT-OF-WAY
P.R.T.C.T.
PLAT RECORDS,
TRAMS COUNTY, TEXAS
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS,
TRAVIS COUNTY, TEXAS
D.R.T.C.T.
DEED RECORDS,
TRAVIS COUNTY, TEXAS
RECORD INFORMATION PER
PLAT VOL C, PG. 14
t.....>
RECORD INFORMATION PER
DEED DOC. NO. 2000057019
}}......}}
RECORD INFORMATION PER
PLAT VOL. G, PG, 246
73� �081=
ems:.
1. ALL BEARINGS ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM. GRID NORTH, CENTRAL
ZONE, (4203), NAD83, ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000118481548.
2. SEE ATTACHED METES AND BOUNDS DESCRIPTION.
Texas
2022099816 Page 8 of 9
THENCE, with the east line of said 177,000 Sq. Ft. Lot and the west line of said Lot 2, being the west line
of said Alexander portion of Lot 2, S02002'20"E, a distance of 10.00 feet to the POINT OF BEGINNING,
and containing 0.0034 Acres (150 Square Feet) more or less.
NOTE:
All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203), all
distances were adjusted to surface using a combined scale factor of 1.000118481546. See attached sketch
(reference drawing: 01025 EA.dwg)
w 1114, 2021
Jason Ward, RPLS #5811
4Tard Land Surveying, LLC
P:1010251Metes & Bounds & Certificaitons'.01025, EA.docx
2022099016 Page 9 of 9
ELECTRONICALLY RECORDED
OFFICIAL PUBLIC RECORDS
2022099816
Pages:9 Fee: $54.00
08/24/2022 11:33 AM
JDISHER
Nancy E. Rister, County Clerk
Williamson County,Texas
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing an Encroachment Agreement with Legacy -Round flock Partner
II, LP for the Legacy Senior Residence II Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/19/2022
Dept Director: Brad Wiseman, Director of Planning and Development Services
Cost: $0.00
Indexes:
Attachments: ENCR2103-0004 PUE Legacy Senior Residence II - Executed Doc
Department: Planning & Development Services
Text of Legislative File CM-2022-192
This agreement allows for the placement of private storm drain infrastructure in an existing public utility
easement (PUE) which is currently vacant. This document also establishes responsibility for any
maintenance and repair of this private infrastructure to be that of the property owner, not the City. The
City's Utilities Director and franchise utility owners are agreeable to the encroachment.
City of Round Rock Page 1 of 1